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Case and Matter Analysis - Coggle Diagram

- - - - Use the relevant facts (eg clause in the partnership agreement on leaving) to demonstrate your advice
    - - Legal; and
      - Commercial; and
      - Social implications of the advice
        
        Eg small family partnership - what's the effect of leaving?
- - - - L&R are married couple, both dentists, decided to give up careers to start a new business making healthy snacks for children. They believe now is the right time, having waited for a while. They would like advice on setting up a limited company
        
        Key facts: want to set up a ltd company. The relevant facts will be surrounding this issue
  - - - Advice specifically tailored to client's aims
        
        This is where background info becomes relevant
        
        Tell the client everything they want to know about that area of law, rather than what you know
        
        Can you offer any added value to your advice which makes it even more client-focused?
        
        Eg L&R are considering getting third party financing. What are their options? How can these be negotiated?
        
        Can you include anything during the negotiation process, like things you absolutely won't give up, what you may be willing to give up theoreticallly, and what are you ready to give away?
        
        This may come up in the background info
  - - - In CAMA, it's less likely you'll be writing DIRECTLY to the client. If you're not wriitng to the client, you can save time on perfecting the tone/form of the intro paragraph (but supervisor may ask you otherwise)
      - Clear, precise, concise, acceptable
        
        Clear
        
        Short & Direct paragraphs. Break up long sentences into sub-paragraphs
        
        Clear to everyone, not just lawyers. Can your mum understand it?
        
        Precise
        
        Avoid ambiguity
        
        Be consistent with your definitions and abbreviations
        
        Proofread and check - be accurate. Make sure client name is spelled correctly, etc
        
        Be clear about when you'll get back to them - eg on Friday - is that 1pm, midnight, etc?
      - Concise
        
        Brief as you can. Break complex concepts down into short sentences
        
        Use subheadings to signpost your points
      - Acceptable
        
        Proper level of formality for the context
- - - - To supervisor: I would advise the client to...
      - To client: And so I would advise you...
    - - Eg if partner wants advise on whether he can leave partnership, you do not need to read the part of the partnership agreement which relates to a partner's expulsion
    - - Eg; asked to write a report for Brad, who's charged with low value theft from a petrol station. Good character other than 1 caution 5 years ago
      - Supervising Solicitor memos you, asking for 报告 on likelihood of conviction, possible sentence, admissibility of ID evidence, and of police caution
      - Before you read the rest of the memo, you can already put down headers for Liability, Possible Sentence, Admissibility of Police Evidence, Admissibility of Police Caution
    - - Liability - strength of evidence
      - Possible sentence - sentencing guidelines + 1/3 guilty plea
      - Admissibility of evidence - S78 PACE etc
  - - - Read the question FIRST so that you can skim and actually highlight and understand what is background vs foreground info
      - (STEP C )HIGHLIGHT THE INFO AS YOU READ IT** to save time
  - - - Also ensures you cover everything in instructions
      - Write extra sub-headings for negotiation and professional conduct matters too, because these may not be pointed out by the client but you MUST think about them
        
        What does your client vs the other side want? Can they give up things?
        
        Is the alternative to a negotiated settlement good or bad for them?
        
        Do they need to maintain future relations? - eg partnership/long-term commerical relationship
        
        Identify the STICKING POINTS and pros and cons of each side, and where client will and won't be able to sacrifice
        
        VERY GOOD NEGOTIATION EXAMPLE
        
        Eg Partner wishes to leave to take another opportunity
        
        Notice period is 6 months, but time for him to accept the new job is only 3 months -> 遇到苦难！
        
        Consider: What does your client want? 在 3 个月内开始工作。
        
        Then: What are the other partners concerned about in a negotiation?
        
        Who will cover his work
        
        How they will pay back his capital contribution
        
        Ok, so: Is it possible that your client would be happy to delay having his capital returned? Or maybe converted to a loan? Or becoming a sleeping partner? 关于作品本身，is there anyone else who could step in to be a new partner, or else take over his actual 'job' in the partnership?
        
        see? Lots of possibilities!
- - - - Note the clear deadline given for the response from the employment lawyer too, and the weaving of the mens rea into the discussion of the evidence